Restaurant owner prosecuted by Hertfordshire Fire and Rescue Service

Abedin, who was responsible for the Tamarind Tree Indian restaurant in Bishop’s Stortford, had undertaken extensive unauthorised internal reconstruction at the premises without any approval from Hertfordshire County Council’s Planning Department or Building Control. Upper floor space had been converted into sleeping areas for short-term guests such as flight crew members.

Abedin was earning up to £500 per person each month for as many as 15 people at a time, despite the Fire and Rescue Service having specifically prohibited use of the space for sleeping due to the risk posed to life.

On that note, fire safety inspectors from the Hertfordshire Fire and Rescue Service found that tenants were at “extreme risk” in the event of a fire, with no fire detection systems in place, inadequate fire‑resistant construction, missing fire doors at the premises and insufficient means of escape in the event of a fire. Hertfordshire County Council stated: “An uncontained fire in the restaurant could have been deadly for anyone residing upstairs.”

A Prohibition Notice was served upon Abedin and the Tamarind Tree in order to restrict people from sleeping and resting on the upper floors. However, during a subsequent inspection visit by the Fire and Rescue Service, nine tenants were found living in the premises. This further investigation identified that multiple tenants had been paying to live at the premises over the course of 18 months.

Advice had been provided on several occasions by the Business Fire Safety team. However, the necessary works to make the premises safe were not carried out. None of the tenants were aware of the Prohibition Notice that had been served or the risks posed to their personal safety while living at the premises.

Sentencing process

In sentencing, recorder Stephen Lennard summarised the matter by stating that Abedin had received constant warnings, lacked in co-operation, offered apologies and made promises that were subsequently broken.

Further, Lennard stated that “flagrant disregard” was a “very apt description” of Abedin’s attitude towards his legal obligations throughout, while also highlighting that Abedin had persistently breached the Prohibition Notice even after formal warnings were issued, had displayed obstructive behaviour and, what’s more, had placed vulnerable residents at risk.

In mitigation, Abedin’s defence highlighted that there had been no actual injury or death and that its client was of previous good character.

Councillor Ajanta Hilton, executive member for Public Health and Community Safety at Hertfordshire County Council, stated: “It’s shocking that someone would knowingly put their tenants at serious risk like this for financial gain. This case should serve as a warning to business owners who are considering offering space in commercial premises for sleeping accommodation. The regulations are comprehensive and exist to ensure occupants are provided with safe and sanitary accommodation and are protected from fire and other risks.”

Hilton added: “Our Business Fire Safety team continues to support and advise businesses across Hertfordshire, but where guidance is ignored and people are placed at risk, robust investigation and prosecution will follow.”

Confiscation proceedings

Given that Abedin benefited financially from the illegal conduct, confiscation proceedings have been initiated under the Proceeds of Crime Act. As such, an accredited financial investigator will now lead this work to explore what Abedin made from his offending and also what assets he holds should St Albans Crown Court wish to confiscate them.

*Further information is available online at www.hertfordshire.gov.uk